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Final Hearing - Advice please.

  • pantani1
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03 Dec 07 #8344 by pantani1
Topic started by pantani1
Hello everybody,

I have my Final Hearing later this week and have this morning received the Applicant's Open Settlement proposals which I still believe to be un-realistic and very unfair. I do not believe that the District Judge will be so unfair.

Should I respond in the negative or just wait until the Final Hearing and keep them in the dark?

I have been representing myself all the way through the legal process and feel that I have acquitted myself well. The Applicant will have Lawyers and Barristers in attendance and upto now I have been strong, but now I am having a bit of a wobble....:(

  • Louise11
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03 Dec 07 #8350 by Louise11
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Hi Pantani

Well congratulations on getting this far without Legal help! Takes commitment and guts.

Have you already sent them an offer? If not I would respond with your open offer and leave it at that.
Dont let them grind you down, you are doing fantastic, just one last hurdle to go.
If you feel their offer is a joke then dont be bullied by them at all, you say your piece to the Judge and if its reasonable then I believe that will be the outcome.

You are entitled to have a little wobble for now, but that wobble will leave you the minute you enter the court.

So chin up high, you can do it!
I wish you good luck (although you wont need it) dont let them all intimidate you.

Kind Regards
louise:)

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04 Dec 07 #8401 by pantani1
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Thank you. Feeling better already....

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04 Dec 07 #8414 by OBEs 1 canoodly
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I would just like to second Louise's comments. You have absolutely nothing to worry about! I know that the thought of going into court can leave a heavy, scarey feeling in your stomach. You imagine wigs 'n gowns and "yes me lord" "no me lord" but truly, it is nothing like that. It is actually a very informal affair and you will feel relaxed once in there. Barristers don't wear the gowns in a divorce case (well they didn't with ours) so it's not intimidating at all!!

Has you ex got a Barrister?? Can you tell us what offer has been made?

I hope I am not too late in replying to this...if I'm not then give us some more information and we may be able to give a few extra tips.

However, if I am too late .....well, I do hope it all went well for you.

Just to let you know, if your wife has a barrister they may approach you outside the court room and try to scare you into accepting their offer because they will feel you are nervous. If you do not agree with their offer and you feel it is unfair and you also feel you have a good case to answer just reply to them "do you have any better offer for me??" If they say no then say "unless they can come up with a better offer that is acceptable to us both then I have no further wish to discuss the matter until we are inside the court room".

If your wife doesn't want to persue it inside the court room, if she gets cold feet, you may well find that by standing your ground like this, her barrister or representative may well come back to you with another offer.

Quite a lot of the negotiating takes place outside the court room!!!

Good luck

OBEs 1 canoodly

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04 Dec 07 #8415 by OBEs 1 canoodly
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I would just like to second Louise's comments. You have absolutely nothing to worry about! I know that the thought of going into court can leave a heavy, scarey feeling in your stomach. You imagine wigs 'n gowns and "yes me lord" "no me lord" but truly, it is nothing like that. It is actually a very informal affair and you will feel relaxed once in there. Barristers don't wear the gowns in a divorce case (well they didn't with ours) so it's not intimidating at all!!

Has you ex got a Barrister?? Can you tell us what offer has been made?

I hope I am not too late in replying to this...if I'm not then give us some more information and we may be able to give a few extra tips.

However, if I am too late .....well, I do hope it all went well for you.

Just to let you know, if your wife has a barrister they may approach you outside the court room and try to scare you into accepting their offer because they will feel you are nervous. If you do not agree with their offer and you feel it is unfair and you also feel you have a good case to answer just reply to them "do you have any better offer for me??" If they say no then say "unless they can come up with a better offer that is acceptable to us both then I have no further wish to discuss the matter until we are inside the court room".

If your wife doesn't want to persue it inside the court room, if she gets cold feet, you may well find that by standing your ground like this, her barrister or representative may well come back to you with another offer.

Quite a lot of the negotiating takes place outside the court room!!!

Good luck

OBEs 1 canoodly

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04 Dec 07 #8429 by attilladahun
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The open proposals of your spouse should be not less than 14 days before fianl hearing

Rule 2.69 (2) e provides that YOU must make open proposals within 7 days after receiving spouse's open proposals...

."a statement which sets out concise details including the amounts involved oif the orders you wish the Court to make."

Failure to follow this could lead to you being penalised in costs.

Don't panic file with the Court your open proposals and serve a copy on his solicitors by recorded delivery if necessary.

If H is the Applicant the Court may have directed his solicitors to prepare an Index and bundle for the trial. Ask them can you have a copy asap -at worst they could ask you to pay the copying charges.


You will also need to fill in Form H1 statement of costs information form.

Link www.hmcourts-service.gov.uk/HMCSCourtFin...?court_forms_id=1150

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04 Dec 07 #8435 by pantani1
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Thank you all very very much. You have been a great help. The FH is on Friday and I only received the Open Proposals from my spouses team this morning. What is the likely impact on them for flouting the 14 day rule?

There demands are excessive, unreasonable and unfair. I have got this far by being honest, open and transparant with the court and I don't think that it is time to stop now!

So I guess if I lodge my response to the court on Friday morning that is well within the 7 days that I have under Rule 2.69 (2)....

Thanks once again.

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